>> here is a story from your part of the country, california. they call it jake, one of the two wild turkeys running loose in a san jose, california neighborhood. adorable, right? >> uh-uh. >> not to the neighbors, nope. the habit of chasing cars has caused two accidents. fortunately, jake has been corralled. he's now in the control of the animal-- animal control people hope to release him into the wild soon, but take him far awhich from people and cars. and the hunt is on for the partner in crime. jennie. >> not jenna. >> not jenna, jeanie is on the loose chasing cars. >> and a big problem in san jose and they've got to handle it. thank you for joining us, everybody. >> megyn is here with "america live" starting right now. >> fox news alert on the showdown over the second amendment. the white house announcing

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seconds ago that the president will deliver his plans for a big gun crackdown tomorrow, right around noon time. welcome to america live, everyone, i'm megyn kelly. we're waiting to hear more from the white house any moment now on the report that the administration believes there are 19 separate actions that president obama can take on gun control. we hear that these actions could include imposing new limits on imported finance and agencies to share mental health records. and with americans second amendments on the line we're getting reports escalating gun sales, the president blames on gun supporters. >> as far as people lining up and purchasing more guns, i think that we've seen for some time now that those who oppose any common sense gun control or gun safety measures have a

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pretty effective way of ginning up fear on the part of gun owners that somehow the federal government's about to take all your guns away. and you know, that there's probably an economic element to that. it obviously is good for business. >> megyn: chris stirewalt is our fox news digital editor and host of power play live. and since he's made those remarks, there's been considerable pushback from gun rights supporters, saying he just doesn't get it. it's not that anybody has scared them into otherwise, that believing that something is going to happen that's not going to happen. they're listening to the debate right now on capitol hill and they're concerned about their second amendment rights based on what they're hearing directly from the

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president and his surrogates. the president made it clear he'd like to see an assault weapons ban put back in place. >> it goes beyond that, he's actually impugning the motive of the other side of this debate. and if we thought a month ago in the immediate wake of the shootings in connecticut that we-- the window was open for some sort of bipartisan or this isn't really a partisan issue, but this is a pro gun rights versus a pro gun control debate, that we thought that there was going to be some common ground here, that people might come together, but when you heard yesterday, the president not only blamed gun rights advocates for increased gun sales and fear mongering, but imputing upon them the idea that this is agreed or that somehow this is a desire to be good for business that they want to sell more guns, my jaw sort of fell. if we're that far apart that the president, the leader of the gun control team, that if he thinks that his opponents are doing that cynically to

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make money, how would you even begin to have a discussion about second amendment rights and the way to do it. >> megyn: we talked about this a bit yesterday he. at the same time you've got chuck schumer, a democratic senator from new york going out there and telling wal-mart that it should stop selling right now firearms that are legal, that are entirely legal and so, you know, he wants to say that the people rushing to the stores and buying their guns have been ginned up on false fears bye those who oppose gun control, but you have one of his top surrogates, chuck schumer, trying to stop the sale of legal firearms right now among retailers as popular as wal-mart. >> well, i don't want to get too esoteric here, but this is what we see in everything these days in washington. if the assumption from the president is that his foes aren't on the level and don't mean what they say and they're cynical, that they're notrried

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want to hurt him or not worried about defense spending, just looking for a way to gain political advantage or trying to sell guns or whatever it is, when you have that and you have that going on, the decision is very easily reached that you know what? let's not bother talking to them, let's not bother dealing with them, let's go for whatever we can do by executive authority or by jamming it it through at the end on a deadline and you don't get the opportunity for discussion, that everybody was hoping would be the result the split decision election we had in november. >> megyn: the interesting thing here, chris, right now is reportedly, you know, of the up to 19 executive actions he can take, it sounds like most of them are not going to be, you know, barn burners, they're not going to be, you know, some of the ones reported was, okay, he's going to ask for more aggressive enforcement of existing gun laws and he'll push for wider sharing of existing gun data bases, may make a wider push to make mental health information available to those performing the background

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checks. these aren't exactly the things that we heard about that were really upsetting to the gun rights groups. i mean, those sound like things he might have gotten agreement from the other side on. >> one would think so, but then again if you do that, you don't have credit for having done that yourself or cast your opponent as an obstructionist. the president could surprise us tomorrow and do it differently, but right now every sign they're showing he's going to do a my way or the highway kind of a deal. a sweep that president is going to bring forward and call on congress to do x, y, z. maybe a restoration or expansion of the controversial 1994, so-called assault weapons ban. that's not going to pass. it's hard to imagine that that would even pass in the senate where you have harry reid, the senate majority leader and other democrats calling for a slowdown, not a speed-up as relates to gun control. >> megyn: harry reid has been

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a pig pbig proponent of gun rig and doesn't necessarily appear on team obama on this issue. nor do other democrats. this is a strange issue in that it's not d versus r. it's gun rights groups versus gun control groups. i don't know that you can put harry reid in the gun rights group camp can you? >> well, this is really, when you get down to it. >> megyn: control i should say. >> a population density question. if you represent a place with a lot of people, if you represent a city, you are much more likely to be in favor of gun control. and if you represent the country, if you represent the country folks, you are much more likely to be in favor of gun rights. we have a big your began versus rural split on that, and harry reid's state have a lot of pistol-packing folks, a lot of rugged individualists out in nevada and that's true across the democrats in the west, appalachia, joe manchin, that's the deal, this is a cultural, region population density question, not a

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democrat-republican question. >> megyn: this is interesting, you pointed this out in your power play piece last week, a lot of times in the big cities, people's experiences with guns is those are things held by bad guys who want it hurt us, take our things and hurt our children. and the experience of those who are, you know, in more rural areas is, this is a family air loom, my dad taught me how to shoot and taught him how to shoot and we enjoy for recreation, it's one of our constitutional rights we like to exercise and it's nobody's business. and there are exceptions, but there is a split. and you can see it not just in the constituents, but the lawmakers who are sort of uniform on some of the issues and are the not on this one. >> that's right, not too many scatter guns over the upper west side or chevy chase or places like that, and the president opted not to have the dialog and bring in the people from his team. normally you would think that's the opportunity to

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build consensus, that you have democrats not with the president on this, this is the gateway to building consensus on this, but i think the decision has been made that the other side's not worth dealing with on this. >> megyn: we expect to hear more by this time tomorrow. he so, please join us again in 24 hours, and we'll see exactly where we stand with these executive orders, up to 19 we're told he may be taking. chris, thanks. >> you bet. >> megyn: the idea that president obama would impose executive orders for new gun control measures has resulted in reaction, for one lawmaker. and vowing to stop the president from doing this, saying he would defund the white house and possibly file articles of impeachment if necessary. he believes it's unconstitutional and a direct attack on americans. in our next hour, judge napolitano will be here and take up the legal issues going the executive action route on the second amendment and look at him. he looks like he's ready for business, doesn't he? looks like he's going to yell at me. coming up in less than an

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hour. we're also tracking a developing story right now out of hollywood. a member of the academy of motion pictures arts and sciences the group that organizations the academy awards is calling for a boycott of the controversial film "zero dark thirty," that doesn't look good for its chances, blasting the film, the torture scenes, used to hunts for the leader bin laden. and the enhanced interrogation as more critical in finding and getting bin laden than in fact they were, you tell me where we stand now. >> reporter: sure, and that's the controversy. and the name of this member of this academy is david chrennen and he says he knows he can be picked out of the academy for disclosing his intentions and doesn't care. he says because of the torture scenes in "zero dark thirty,"

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he won't vote for the movie or anything else involved in it, and zero never acknowledges that torture is immoral and criminal and does portray torture as being results. anyone who promotcontributes sk and energy to the motion picture, including actors, shares responsibility for the impressions the pictures makes. and he wants others from the academy to snub this as well. sony coming out and the president saying, i'm quoting here, we are outraged that any responsible member of the academy would use their voting status as a platform to advance their own political agenda. "zero dark thirty" as you know is nominated for five academy awards, but the director, that woman, katherine bigelow was not nominated and many industry insiders believe the controversy surrounding the movie and the torture scenes has hurt the odds of it actually taking home an academy award, but others

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point out, megyn, that in fact in hollywood sometimes a little bit of controversy can also generate a little bit of momentum. we have seen that many time before, but you're exactly right. it's the placing of those torture scenes in the movie and what they intimate that has so many people outraged over why they were in there in the first place. >> megyn: this kind of controversy leads to additional awards controversy over whether you've done something that offends the left? left? >> reporter: yes, i mean, the whole thing is-- >> controversy, you know, about whether they went too far on gay rights or something like that. i can't see the academy having a backlash against this guy to the point where "zero dark thirty," a film they don't like in large part because they feel it glorifies torture or portrays torture, you think this is going to swing the pendulum in a movie's favor? >> reporter: no, they're

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saying the controversy, go back to robert downey, jr., any controversy in hollywood where you think they're out and suddenly hollywood's darling. controversy in hollywood tends to turn the table and gets more buzz for the movie. what they want more than anything is buzz for their movie. they promote those things and campaign for academy awards and they want these things in the news and things like that sometimes tend to help. >> megyn: we shall see and find out in a few short weeks. all right, trace, thank you. >> reporter: okay. >> megyn: we're getting dramatic new warnings about the u.s. credit rating and the debate over the debt ceiling. why some think this could mean new hope for a minting a trillion dollar coin we could use to pay our bills. we thought that was settled. maybe not. and this high school principal is in hot water after trying to connect with students with a video that he says was meant to be a parody. we'll push play and you decide. and a reporter yesterday challenged the president about whether he's doing enough to reach out to republicans and trying to negotiate the big deal he says he's looking for. we'll show you his response

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>> fox news alert. we're getting new warnings about the u.s. credit rating as the debate intensifies over the raising the country's debt ceiling. our credit limit. fitch, a leading credit ratings agency says the u.s. could lose its top rating if this issue is not resolved. there are some who believe that president obama was sending a signal in yesterday's news conference that he might have to use what some are calling the constitutional option as an end around congress, when it comes to this debt limit issue. the president suggesting if congress does not want to raise the debt ceiling, he could. >> what i'm saying to you is that there's no simpler solution, no ready, credible solution other than congress either give me the authority

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to raise the debt ceiling or exercise the responsibility that they have kept for themselves and raise the debt ceiling because this is about paying your bills. everybody, everybody here understands this. i mean, this is not a complicated concept. you don't go out to dinner and then, you know, eat all you want and then leave without paying the check. and if you do, you're breaking the law. >> megyn: jonna spilbor is a columnist and writer for the national review. those comments, he goes on to say there's no simpler solution, no ready credible solution other than congress give me the authority to raise the debt ceiling or raise the debt ceiling themselves there's no simpler ready solution other than that, that

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have some people believing he's telegraphing, i'm telling you, it's simplest for you to do it, but i'm willing to do the more complicated route. >> i'm not sure that's right. i think a lot of people are on the left, including nancy pelosi who are wanting-- or invoking the 14th amendment and they're looking at cues he might do that. and i think the cues saying he won't are stronger, jay carney said from the podium, the 14th moment saying it won't work. >> megyn: and telling our viewers, that the democrats, some believe that's a unilateral way that the president could bypass authority that is clearly with the congress, the congress is the only one allowed to raise the debt limit and the president could have some constitutional requirement to do it. >> you're he the lawyer, but my reading of the 14th amendment is that congress shall do this. >> megyn: even the president said i talked to my lawyers

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about that one and they didn't think it was a good idea. >> right, the president can't violate one constitutional stricture in order to enforce another. i think it's sort of a nonstarter. and what obama is essentially doing, saying it's outrageous for the republicans to have any demands whatsoever and so obama is saying, my only demand is that you have no demands whatsoever. and he thinks he can get away with that. one caveat to all this, the only way he could get away with the unilateral option, if he continues to do what he did yesterday, which is demonize the republicans as these sort of evil, knuckle-dragging, that want to get rid of social security and no reasoning with the people i had no choice, but to do the right thing and act unilaterally and i know i violated the constitution, but it's what i had to do. i don't think he wants to do that, i think he wants to instead have this issue and run, you know, battering ram

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straight through the republican party on this and win the fight directly, but i could be wrong. >> megyn: and even you know, when you read in particular some of the more left-leaning press today they talk about how -- what the republicans did to president obama in 2011 and what they're trying to do with the debt ceiling, namely attach conditions it their willingness to raise our credit limit by saying you've got to cut the spending otherwise we're not going to do it. it's unprecedented, never done to any president prior to when the republicans did to this president in 2011. >> and first of all, it's nonsense and the funny part is, you know, we've all heard this obama-- speech from obama when he was a senator and says it's irresponsible, passing the buck, it's a crisis of leadership and all the rest. he's since disavowed that position, saying it was a political move, whatever the hell that means. and the funny upshot of that, he's basically condemning the republicans having the courage of obama's conviction, for actually being serious about what obama was just posturing about as a senator.

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moreover, we've attached in one form or another, it gets complicated, but we've attached conditions on increasing the debt limit ceiling, graham rudman, the bill in 1986, i think it was, 1996, we have a done it a bunch of times, a perfectly reasonable thing to do. put some reasonable reforms in to say, look, we've got to pay our past bills, but this is the only chance we have of getting a bill for what we've already spent and a sense of how we're going it curtail future spending, maybe this is a good moment to figure out a way to do that and obama-- >> president obama keeps saying we can have that discussion, have that discussion about cutting spending, but the thing is, jonah, we never have that discussion. >> it's strange, obama ran a campaign saying we need a balanced approach, a balanced approach can't ask seniors to pay more without asking the rich to pay more so we have to raise taxes. so we raise taxes, we got pretty much exactly what obama asked for with a big tax hike and obama's response is, now

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we need a balanced approach where we raise more taxes. >> megyn: jonah goldberg, thank you. >> thank you. >> megyn: up next, a popular internet activist was faced with a possible 35 years in jail for hacking before took his own life.

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>> fox news alert. we told you at the top of the hour how ejust got word from the white house briefing that the the president will deliver his plan for the gun crackdown, however you want to phrase it, the executive orders that he is prepared to issue on guns in addition to the legislative push that we expect him to make around this time tomorrow. well, moments ago we just learned that the president will be joined by children from around the country who wrote letters to the president in the wake of the newtown tragedy, expressing their concerns about gun violence and school safety.

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along with their parents. this is just coming in to us now, and we were going to take this issue up, whether this is appropriate, in about three minutes, right here. new questions whoever what may have led to the suicide of a young computer developer, accused of hacking in mit and stealing academic journals, there are accusations that an overly aggressive prosecutor may have pushed him over the edge? trace gallagher with more. >> reporter: federal prosecutors were adamant that aaron schwartz admit he broke into mit hacked into the network and downloaded nearly 5 million academic journals that in fact with copyrighted and adamant that he go to prison. schwartz's lawyers tried to cut a plea deal in the fall that got turned down and tried again last week and turned down again and two days later aaron schwartz hung himself

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inside his brooklyn home. and now some call extremely harsh prosecutions. and aaron schwartz helped found, that schwartz co-founded was with the searing comments, twitter, hacking group anonymous has hacked in and crashed the mit website and schwartz's family blames both mit and prosecutors saying i'm quoting here, aaron's death is not simply a personal tragedy, it's a product of a criminal justice system rife with intimidation and prosecutorial overreach. now you have the president of mit saying it planned to actually look into this whole thing, saying it pains him to believe the school played a part in aaron's death. they want a full review of how the school played a role in this, and the company that gets paid to store all of these academic journals, even they have come out saying that this was an overzealous prosecution.

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the u.s. attorney's office in boston has obviously, because he died, dropped the charges, but not yet commented on the fury that this prosecution has raised. megyn. >> megyn: all right. trace, thanks. well, more moments on our breaking news that the president will be joined tomorrow by children from around the country who the white house says wrote letters to president obama in the wake of the newtown tragedy, expressing their concern about gun violence and school safety along with their parents, he's going to have them there in the background, we believe, when he makes his announcement on what he intends to push for on the gun control issue. we're going to have a fair and balanced debate on this right after this break. plus, a high school principal is face ago growing backlash after trying to reach out to students with a video that he says was meant as a parody. how his spoof of a popular hollywood movie may wind up costing him his job. and mug shot madness, this is our favorite one, remember this one? it has a bottom half.

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do you remember that? we used to do that on america's news room every year, did the best of kelly's court. in any event, this is a viral mug shot and now there's a laws against websites that post mugshots like this. we explain why plaintiff's claim, this is not one of the plaintiffs that they're essentially being exploited for trying to legally clear their names. ♪ i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is!

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>> fox news alert. back now to our breaking news as we get the first details of the president's major announcement on gun control tomorrow. and it appears now that he's going to be joined by special guests we had not heard about until about eight minutes ago. here is jay carney speaking about it moments ago. >> i can tell you that tomorrow the president and the vice-president will hold an event here at the white house to unveil a package, concrete proposals to reduce gun violence and prevent future tragedies, tragedies like the ones in newtown, connecticut. they will be joined from children around the country who wrote the president letters in the wake of that tragedy expressing concerns about gun violence and school safety. >> megyn: okay, that appropriate.

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joining me now a radio syndicated host. and chris plante, of the chris plante show. and that's the first we've heard that he will have children as he makes a push, better or for worse, which is now a very controversial issue that the american public is very deeply divided. your thoughts on it, chris? >> well, unfortunately, this has become de rigueur in american politics, but it's clinical, it is shameless, it is the use of children as props to advance an agenda that existed long before the sandy hook tragedy. they'll be stacked according to skin color and ethnicity to frame the president's face because it's essentially part of the propaganda package as they present their bill of goods that will not solve the problem that we're attempting to solve. other than that, i think it's a great idea. >> megyn: leslie, you know,

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these children wrote to the president, the white house said, so obviously their parents gave them the okay on this and sort of let them go down that stream. so, that's sort of one issue, but can you speak to the second issue, which is for every child that stands up there there's going to be a child sitting at home with his parents or her parents elsewhere in the country and their families have a different political view. and the use of children to try to guilt the opposition? i'm not sure what, how to phrase it into acceding to the president's wishes? your thoughts. >> i don't think he's trying to guilt anybody, i think he's making a very strong point and the reason we were all shaken even more so by the newtown massacre is because 20 of the victims were children. he is a parent, i'm sure, as well as a president, who's probably very touched by these children's letters and megyn, as you pointed out, the

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parents not only allowed them to write them, but standing by the president, i don't think it's going to sway anybody's mind on an issue that's divisive and emotionally charged and it's certainly not going to sway any politicians with their votes. if we look back, presidents left and right have used when either proposing legislation or certainly when signing into law, groups and sometimes they involve children, whether it be the americans with disabilities act, megan's law, mothers against drunk driving, programs that affect veterans. >> megyn: when they're pushing for it -- when they're pushing for it, i mean, everybody remembers the picture of president obama signing the health care law with that beautiful little boy standing next to him. everybody remembers that picture, i think. but when you're pushing for it, i mean, i don't know. i mean, the message is, you know, 20 children were killed and more children will die if we don't do, this is the picture i'm referencing on the health care. if we don't do what i want us

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to do, but you know, to telegraph in some way to the other side and you tell me, chris, if this is what he's doing, if you don't agree with me, children like this are going to die. what if a republican president came out and pushing on an anti-abortion bill and had a bunch of children standing behind him and said it's children like these you're killing. you know, just, these-- using children just raises the emotional hackles. >> yeah, surrounded by infants, by preemies, when speaking against abortion. this is just how cynical things have gotten in this town, quite honestly. it's purely for the imagery. the imagery, they recognize is probably more important than what's in the legislation. they have an agenda, we know that the washington, drop a wish list of gun control and see some version that have rolled out tomorrow by the president.

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this was a pre-existing list of demands by the democrats, by the obama administration, that they kept under wraps according to the washington post, through the election cycle, and now they're trotting it out. and of course, they're going to surround themselves with children and the problem that i have is not just with the cynicism and the propaganda value of the image that they're conjuring up here, but the fact that they're going to present the american people with a series of proposals that will trample the second amendment as they desire to do, but that it won't solve the problem that we're looking to solve while they oppose every rational-- >> that's a different issue, whether the proposals are going to stop it or not. i want to stick to the using the children. and newtown was a month ago and already seeming to lose some effect. that's not well-phrased, but i'm saying the emotion that we all felt right after newtown, it does seem to be waning and that's the human experience, that's good for people, they need to move on and can't

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function in that kind of grief. so maybe the white house is trying to remind people that 20 babies were killed. they were killed, little five and six-- six and seven year olds were killed and there will be more if we don't do something. now, it may not have to be gun control, but something, something needs to change. >> yeah, absolutely. you know, the fact that we can even say in the latest massacre in the america dot, dot, dot, and i would bet most of us know unfortunately there will be another one. you know, chris, i know you think this is just about politics, but for some of us, like myself on the left, it's not about stripping second amendment rights, it's about making a nation safer. who are we making the nation safer for? children. and those children are an example of that, that are standing alongside the president. now, i'm not going to break out into whitney houston singing i believe the children are our future, but regardless of our politics, trying to

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make safer for them or trying as parents to have the confidence dropping them off in school we're picking them up in cars not in body bags. >> megyn: what if president obama came out and said, looking at mental health and video games, came out and said with the children behind him, we need to bolster the mental health system and close the loophole and people don't fall throughr harder look at video games and young vulnerable children and parents let them watch them, that's my main agenda and by the way we need to look at more reasonable gun control measures. >> again, you're absolutely right and make a he very important point, there are cultural factors that most of us would acknowledge, accept, also contribute to the state of affairs in the united states, when it comes to young people and their willingness to kill a whole bunch of people. where does that come from? they see in hollywood movies, 18,000 people or something murdered by the time they're 18 years old. we treat human life in a

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trivial fashion in a panoply of ways that we can't go into here, but i don't see the president pushing back against hollywood or video game makers or contributors in many cases in hollywood and all of the other factors that contribute to this, you know, obviously, it's a horrible and an intractable problem, but banning a hundred guns out of a thousand, doesn't solve your problem for you. and one of the big problems i have is that this, you know, the macro cynicism of it all in proposing what they had wanted to propose before sandy hook and getting it through, essentially, on the backs of the tragedy or on the back of the tragedy and then using children as props to back up their, essentially, phony arguments that this is going to reduce the likelihood that something like this is going to happen again in the future. >> i know, i think you've got to be very careful, very careful when you introduce children into any sphere of politics, i'm not saying it should never be done, but don't you think? just very careful when you

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talk about little kids. thank you both for being here. thank you. >> all right. >> megyn: we're taking your thoughts on it. follow me on twitter @megyn kelly we'll have the pictures tomorrow and see how it's done and how the children are used implemented into the programming tomorrow, that the white house is offering, and what the president says with that backdrop to his remarks. in other news, one of the america's biggest insurance companies warning that some of the rates may double in the coming here and now the woman who first warned about the coming health overhaul in 2009 has written a new book she says will promise to help you navigate the health care law. she joins us live next. a man goes in for surgery and doctors end up leaving behind this 13-inch surgical tool. next, what hospitals are considering now to stop mistakes like this. >> there were days i would just roll off on the floor in the bathroom and sob because i was in so much pain, i

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>> you should know that you, once we fully implement it, you're going to be able to buy insurance through a pool so that you can get the same good rates as a group that if you're an employee at a big company you can get right now. which means your premiums will go down. >> megyn: well, that was president obama on the campaign trail months ago arguing that his health care law will reduce health insurance premiums, but we're learning that insurance rates may actually go up, dramatically. the president's former health care advisor and one of the architects of the health care law is now admitting publicly that it will drive up health care premiums before he claims, it will ultimately drive them down. well, the head of aetna suggested that some folks could see their rates almost

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double in the coming year. joining us now is the author of decoding the obama health law. she's the former lt. governor of new york, betsy mccoy, who was in my memory, the very first person to start talking about the president's plan for health care. this is back in '09, nobody was talking about it yet and you were sounding this alarm and taking a lot of incoming. >> and here is the law. >> megyn: and she's the one who's read it. >> that's right. >> megyn: look at that, look at the dog eared papers and-- >> here is the new book that describes it in simple terms, beating obamacare. >> megyn: that looks much more digestible. you did not want to see this passed and now it's passed and now you feel that people need a guide to navigate around it the pitfalls, specifically, let's start with premiums. that's what's in the news, that premiums are up and going up higher. >> and there's a simple reason, there is no tooth fairy, and the new federal rule, some of which have already rolled out, are

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compelling all insurance companies to offer preventive care without a co-pay or deductible. when you go to get your mammogram and colonoscopy, it's not extra because it's in the premium and requiring children stay on parents plan until age 26. the more you require insurance companies to cover, the more you have to pay for that plan. so, that's why premiums have already gone up a bit, but you're going to see very large increases in some states, like ohio and iowa and idaho, and arkansas, arizona. >> megyn: why? >> because states that had very reasonable rules to keep costs down, right, have had very low premiums compared with new york, new jersey, vermont that have premiums more than twice as high as those other states. now the new federal rules that come into play in 2014 are going to make all the states follow the same rules and those rules guarantee access community rating, which means insurance companies have to sell the plan to the sick

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person and the healthy person for the same rate. >> megyn: that's going to raise the rates for all. >> all kinds of mandates. >> megyn: what about coverage? a lot of people worry about losing their plan, their doctor, talk about that. >> that's right. well, first of all, most americans get their health insurance at work, through their own job or a spouse's job. but in 2014, they are at big risk of losing that coverage because in 2014, employers with 50 or more full-time employees have to provide coverage and not just any coverage, it has to be that one size fits all government designed plan that costs about twice as much as what many employers currently offer. so, employers are going to say, i can't afford that, i'm going to pay the penalty instead or push my full-time employees down to part-time status to evade that law entirely. >> megyn: if you've got 55 employees you may suddenly want to have 49 and six people lose their jobs and not covered by obamacare if you do

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that. >> many predict that between a third and half of employers are going to drop coverage. that doesn't mean that you'll be uninsured. you won't have that option. you will have to go to a state insurance exchange unless, unless you are very low income and then-- >> well, you have to get coverage. you have to get coverage, when you file your taxes, you must attach proof that you have coverage. only 30 seconds left. how does the book tell people how to navigate. >> there's a whole chapter what you're going to do. what your options are, if you lose coverage at work. what seniors can do to protect themselves. they're going to bear the brunt, more than half this law is paid for by cuts to medicare and seniors have been warned that some hospitals will literally stop taking medicare. where will seniors go when their local hospital stops taking medicare. beating obamacare. >> megyn: and it's not scary, it's only 150 pages, you can do that. >> thank you. >> megyn: a pleasure having

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you, dr. betsy mccoy. coming up, and he was trying to reach out to students by being like the terminator in a hollywood movie. now his job is on the line. i gave birth to my daughter on may 18th, five days later, i had a massive heart attack. bayer aspirin was the first thing the emts gave me. now, i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. [ woman ] learn from my story. of green giant vegetables it's easy to eat like a giant... ♪

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>> well, brand new fallout for a massachusetts principal aused of showing his students what he says was supposed to be a parody of the 1984 hit film "the terminator" now we're learning that the school has decided to send a message of its own. trace gallagher live in l.a. with more, trace? >> reporter: this is in massachusetts, and the principal's name eric nomen, and he showed the controversial video to the students during morning announcement and took, as you said, the terminator film

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where arnold schwarzenegger is rescuing linda hamilton's character and he replaced arnold with himself. andterminator, he was the nominator. some say he was sent from the future, but was he sent to save us or destroy us? the nominator. . >> reporter: the nominator. the principal says its intention was to get students attention, but the superintendent says the video of the flames, of the burning swingset was over the top, and some parents agreed with the super and listen-- >> i think it promotes violence, honestly, after everything that's happening, especially the newtown shooting in connecticut, are you serious? >> reporter: but during a school board meeting, dozens of parents and teachers and students showed up and almost all of them supported the principal. listen. >> i looked at it and said the principal is a great principal and i take it as, it was a

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mistake, you know? i think it wasn't meant in the wrong way. >> reporter: so, the school board has now made its decision and eric, the nominator, nomen has now been suspended, megyn for two days, today and tomorrow, which means on thursday, he'll be back. (laughter) >> well done, trace. you stopped me dead in my tracks then. the terminator from 1984, 30 years ago? old. >> reporter: i know, i know. >> megyn: thank you for that. >> reporter: sure. >> megyn: coming up, serious legal questions now over how the president, how far the president may go tomorrow with more than a dozen expected executive orders on gun control. judge napolitano he is next on whether this administration could find itself in a new legal battle, with these orders. and the president's performance at yesterday's news conference is now being described with words like aggressive, frustrated and strikingly partisan. we'll look at the story behind the tone and tenor of that event just ahead. >> chuck, what i'm saying to

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you, there's no simpler solution. look, this is pretty straight forward, either congress pays its bills or it doesn't. you know, look, my hope is that --

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>> back to the breaking news out of washington as we get the first details about the president's major gun control announcement tomorrow. a brand new hour of american live. welcome everyone, i'm megyn kelly. we a we are now learning that a group of children will be with the president as he sends a message on gun violence and gun control. here is jay carney making that announcement a short time ago. >> i can tell you that tomorrow the president and the vice-president will hold an event here at the white house to unveil a package of concrete proposals to reduce gun violence and prevent future tragedies like the one in newtown, connecticut. they will be joined by children from around the

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country who wrote the president letters in the wake of that tragedy expressing their concerns about gun violence and school safety. >> megyn: already the online reaction to this has been extraordinary. folks on my twitter feed now calling it disgusting, calling it shameless. one person pointing out, where is -- that the republicans should have their own news conference or those who feel differently than the president should have their own news conference with children whose lives were saved by guns. so you can see this is already touching a nerve, the addition of the children as sort of background when the president makes what would already have been a controversial announcement tomorrow. we want to get to our senior white house affairs correspondent, wendell goler. >> reporter: the president says the most effective measures require the approval of congress. and the president met with vice-president biden yesterday saying the government can do, cracking down on people who

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rely on background checks, and offering tougher personalities fob gun trafficking and biden gave the president his proposals in a meeting yesterday here at the white house. there are said to be 19 though it's unclear how many mr. obama will adopt. press secretary jay carney says only so much the president can do without the help of congress, but he's not trying to go around lawmakers. >> the president believes and supports the second amendment. he also understands that there are limits to what can be achieved, without congressional action, which is why he is calling on congress to act appropriately. >> reporter: the senate majority leader harry reid says he's not going to ask democrats in the senate to vote on measures that are likely to be rejected by the republican controlled house, and virginia congressman says that things like an assault weapon ban are nonstarters. >> we've tried some things in the past like assault weapons

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ban that simply do not work. that was repealed, rightfully so, i voted to repeal it and the fact of the matter is, the semi automatic mechanisms, operate the same, whether it's an assault weapon or a hunting rifle or a weapon that someone keeps in their home for other purposes. >> reporter: as you point out, megyn, the president will be joined tomorrow by school children who wrote to him in the wake of the sandy hook massacre and also by some members of congress. back to you. >> megyn: wendell goler, thank you. as wendell just mentioned there are published reports out today that the president's gun control plans include some 19 executive orders that will work around the edges of, we're not sure, some of the nation's current gun rules on background checks and a number of other issues. will they supplement them? will they clarify them? we have to wait to find out. as jay carney just mentioned the administration knows there are limits to what the president can do. joining us now, judge andrew

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napolitano, the fox news senior judicial analyst, this is the second amendment of the constitution, bill of right to keep the government away from guns and messing with people's rights to bear arms, it's not absolute. gun legislation has been passed in the past and president including a republican president, george h.w. bush, has ordered executive orders tightening gun control restrictions. >> yes. >> megyn: how far can president obama go? >> well, it's a great question, megyn. the statute on which george h.w. bush relied said that the president could ban importation into the u.s. of weapons that were not, quote, suitable for sporting purposes, closed quotes. and left up to the president and his advisors to determine what that means, suitable for sporting purposes. george h.w. bush, himself a hunter and throughout his career, candidly, a defender

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of second amendment rights tightened up the meaning for suitable for sporting purposes so as to exclude from importing into the u.s. you could own it in the u.s. if you somehow got it. if you're a dealer here, couldn't bring it. if you're a seller in another country, couldn't sell it in the u.s. and guns determined to have purposes other than sporting. this is an example of an area of governmental authority where the president has discretion. president obama, and that was 1968 statute from the lbj years, it's still on the books. president obama could, if he wanted to, without violating the law, redefine that even tighter than president george h.w. bush since he was president in 1990-- '89, i believe. >> megyn: yeah. >> that's an area he could lawfully go to. >> megyn: what else could he do? what we're hearing, like he's not going to the third rail.

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i don't know, we're talking 19 orders and i'm hearing reports of three possible orders, possibly the centers for disease control, authority to conduct national research on gun and they're going to go research it. >> okay. >> megyn: more aggressive enforcement of existing gun laws, the president controlled enforcement through the fbi and doj. >> right. >> megyn: through the atf. pushing for wider sharing of data gun bases, through federal and state agencies, do any of those jump out at you. >> no, those would be for the president to do and regulate the government, tell people in the executive branch of the government how the chief executive officer, the president, wants laws to be enforced. now, for example, the d.e.a. regulates gun dealers, they look at the records of gun dealers once every six months. the president could have them look the at the records of gun dealers once every month, once every week, it would be very expensive for them to do it, but if they did, it would slow down the process of their selling guns, because they'd be spending a great deal of

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their time dealing with d.e.a. agents pouring over their records. some people would say, well, that's harassment. other people would say that's law enforcement. that's within the president's prerogative. an interesting idea floated by rahm emanuel, the current chicago mayor, former of president obama's chief of staff, would be for the environmental protection agency to use the regulatory authority to impose a fee, on ammunition. ammo is made out of lead and eventually end up in the earth and the dirt around the lead has to be cleaned up and the government which does much of the cleaning needs to be reimbursed, pass that tax along and it will double the cost of bullets and that will deter people from buying bullets because they can't afford them, or it will force people into buying black market bullets that don't-- >> that seems ten use in terms of federal power, but you tell

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me. >> i think it's tenuous, and i think a court would interfere with it. remember, megyn, we're not dealing with a fair-minded person attempt to go resolve a problem of paramount public importance. we're dealing with a mindset that is profoundly against the second amendment and will push its ability to infringe upon the right to keep and bear arms to the constitutional-- >> he claims he's not. gave that famous speech, he said i'm not coming after your guns, i believe in some reasonable gun control measures and not coming after your guns and look at his first term, judge, he didn't do anything to crack down on guns. >> you're right. we'll see what he does tomorrow. if he's confronted with a senate his party controls, but many democrats in the senate who are in favor of the second amendment and confronted with a house of representatives with noticeable antipathy to him on almost everything, and profoundly in favor of the second amendment and see how far he can go. even in his press conference early this week, we talked about it, indicated a willingness to do whatever it

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takes to raise the debt ceiling whether congress goes along with it and now to keep the guns out of hands of people that he doesn't want them to have. even though this is not a federal function and even though he can't change any laws without congress. >> megyn: and that's the thing, executive orders are not to be used to change the law or get around congress's unwillingness to pass the law and that's why we have separation of powers. and you can't go too far with it, if you want to clarify further enforcement, sort of assist an existing hlaw that's one thing, if you want to create an order that cannot be passed you're on dangerous ground. >> two examples, harry truman became president, signed an order desegregating the military and the civilian work force in the federal government. a great thing to do. then he issued an executive order seizing the steel mills so he could have all the steel he needed for the korean war. supreme court said you can do the first one, can't do the second one.

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the first one complements the constitution and existing laws and second one interferes with the freedom of commerce. >> megyn: judge great to have you. >> a pleasure megyn. >> megyn: yesterday, a reporter challenged whether he's doing enough to reach out to republican and try to negotiate the big deal he says he's looking for. michael raing reagan is here next to explain how his father would have responded, what it could mean for the gun debate, the debt ceiling and all the rest. plus a lot of reaction to the president's news conference yesterday. descriptions like aggressive, frustrated, and strikingly partisan being used to describe president obama's performance. we'll take a look at the story behind his tone and tenor. those accusations coming from some of the mainstream press. not just the president's critics. and now concerns that a picture may be worth more than a thousand words. as the people behind some viral mug shot photos file a lawsuit. now, we don't know whether this particular woman is part of the group, we don't believe

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she is, wait until you see the mug shots of the folks who filed suit, claiming their mug shots are costing them their careers. we'll take a look at it in kelly's court. ♪ hello cow, how are you ♪ ♪ hello cow, moo, moo, moo, ♪ ♪ black and white cow went to music school ♪ ♪ [ male announcer ] this is sheldo whose long day setting up the news

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responsibility. what's your policy? >> i'd like to ask you, now that you've reached the end of your first term, starting your second, about a couple of criticisms. one that's longstanding, another more recent. the longstanding one seems to become a truism of sorts that you and your staff are too insular, that you don't socialize enough. >> with respect to this truism about me not socializing enough and patting folks on the back, all that stuff, most people who know me know i'm a pretty friendly guy.

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and i like a good party. and you know, the truth is that you know, when i was in the senate, i had great relationships over there and up until the point that i became president, this was not an accusation that you heard very frequently. >> megyn: that was president obama yesterday addressing criticism that he has not done enough to reach across the aisle and work with republicans on critical issues like the current debt ceiling debate. they feel, some do, that he's been more isolationist and even aggressive towards the other side or, the word i'm looking for, antagonistic. and joining us a michael reagan, chairman of the reagan group. this is not just the president's critics saying it, bob woodward wrote in his book about a president obama who was a distant character,

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equally cool relationships with politicians and business leaders. those who know him, somebody who worked in the white house, an aide to president obama said that publicly he doesn't call anyone, he's not close to virtually anyone, he really doesn't like people. she later came out and apologized for saying that, but the criticism, he's not getting any deals done in part, not in full, but in part because he doesn't know how to forge relationships with his opponents. your thoughts? >> no, i think you're absolutely right and he's unwilling to do that. he feels empowered by the last election that somehow he's been empowered by the public to do exactly what he wants to do and bar the door, sally. he's not going to negotiate, not going to talk to anybody else, he's going to go out there and do it and you saw yesterday at the press conference the fact of the matter, there was no reason for the press conference other than to be antagonistic, as you said, toward the expect them to lay down and in fact, give in to all of your -- all of your ideas and the direction you want to go. >> he says, look, here it is,

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i'm a nice guy, i like a party just as well as anybody else, he says when boehner and i had that game of golf back in the summer of 2011 we had a good time. but it didn't lead to a deal getting done and he thinks that it's the republicans are just too dug in on their own political positions for any of that glad-handing to make a difference. >> he thinks the republicans, who is the president of the united states of america is the one dug in on spending cuts. look at cbo saying listen, cut 1%, 1%, get the 4.6 trillion dollars in debt relief over the next ten years, but is obama willing to do anything about it? he's not even going to have his budget on time and harry reid hasn't passed a budget in almost four years, but yet, blames the republicans who keep on passing budgets and sending them to harry reid and nothing gets done. >> megyn: but could any of this get solved? could any of this get solved by glad-handing, socializing, having people over for drinks?

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how did your dad do it. >> i tell you, he had to go to tip o'neill to get tip o'neill, the speaker of the house, who didn't like ronald reagan's politics and disagreed with everything that ronald reagan stood for and went to the russians to try to get him thrown out the office, but my father reached out to at this point o'neill brought him to the white house to have dinner and he went there, and my father needed to have him carry the water on the tax relief of 1981, signed august 13th at the ranch. tip o'neill went up there for dinner and told the staff, i'm carrying the legislation. the staff went what? what did the president promise you or say he would do for you. nothing, he didn't speak about taxes all night long. what did he talk about? talked about the greatness and goodness of america and he and i working together can make it for people better. before i knew it, drinking with the president and telling irish story, eating dinner and on board with the tax cut and

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that's the way that ronald reagan did it, that's not the way that barack obama does it. >> megyn: listen, a lot of house republicans who don't like president obama and president obama said, i invite these guys to the white house and they don't come. more than half of the refreshman declined a reception to the president and first lady barack obama. there are some who don't want to shake hands with him and be seen in photos with him and think it will be damaging to them politically. not all. and there's a question whether he should be reaching out to the leaders just to forge trust so when the going gets rough there's some sort of a relationship. there's a movie out right now, as you know, "lincoln", and daniel day-lewis won best actor for the golden globes and shows how he reached out to his adversarieadversaries, a

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showed magnanimity. and you have to take a different approach. >> you're the leader of the freeway world, you're the president of the united states. your job is to lead. lead by example, reach out to people who disagree with you and finding the common ground in fact to move forward. there are years of agreement. find those a -- there are areas of agreement, but the fiscal cliff bill, it was been raising taxes on the public. the public is outraged what's going on and no leadership in washington willing to take a stand back there and say how can we work together? like i tweeted last night, with the president coming out yesterday and holding that press conference, and demonizing the republican party for everything, social security, children, all of these other things, i said, you know, if i'm the speaker of the house, i say to the president of the united states, you know something?

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i'm going to take this house to recess and we're going home to play golf and when you want to talk, call us, somebody needs to go to president obama and if you're not willing to negotiate with us, we'll play hardball with you. >> megyn: the national journal has a good piece, talking how your dad, franklin roosevelt, bill clinton, to name a few, masters at building relationships to further their political aim. and president obama doesn't want to deal with those who don't like him, but not goods politics to antagonize them and gland-hand with them. >> look at bill clinton, newt gingrich, ronald reagan and speaker of the house tip o'neill, they're able to do it if they're willing to do it. you have a president who is unwilling to do it and holds a press conference just to make things worse, not to reach out, but taking a paddle to

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the republicans, blaming them as if they're passing budgets, and in the senate they refuse to pass. >> megyn: michael, thank you. up next, a terrifying ordeal for a woman trapped in her submerged car for 18 frigid hours. ♪

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>> an incredible story of survival as a senior citizen crashes their s.u.v. into a frozen pond and then spends 18 hours trapped in that partially submerged car before she was rescued and guess by who? trace gallagher live in the west coast news room, trace? >> 67-year-old nancy was driving around looking for a hotel. she got distracted veered off the road, through a fence and into the icy pond. the car flipped over, doors

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submerged, windows were shut. other cell phone was underwater, couldn't get out and couldn't get out for help. she's in freezing temperatures and the cell phone was not usable and her husband reported her missing. with a soggy cell phone, the cops cannot track her location, 18 hours later a 20-year-old grocery clerk drives his wife to and from work the same way every day, decided to take a little bit after different route right past that pond. he spotted the car and went down, he spotted her, it was time, listen. >> i believe the first thing she said was oh, thank god. it was surreal, something big. i don't feel i did anything special, but i know that since i was there and since i was able to help her and that i probably did save her life. >> reporter: oh, but the family begs to differ. they believe he did something very special. he called 911 and then he sat with her and he talked to her

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until help arrived. and authorities pulled her out. and she's now in the hospital expected to survive. here is the thing, there's no way if you look at that video you can see that car when you drive on that road. the only way you could see it is probably if you walked by or if you rode your bicycle by. her odds of surviving were very low and her family knows it, listen. >> basically, what she told me, she pretty much spent all night praying, if anybody has a doubt in the power of prayer, come talk to me. >> reporter: 18 hours, megyn, late the next afternoon they finally pulled her out. it's one of those stories, where weirdly, the pieces all kind of fit together, because you know, hypothermia, very, very, very close and a few more hours might have made a big difference to that woman's life, probably would not have made it through the night. >> megyn: right what, an ordeal, trace, thanks. >> reporter: okay. >> megyn: a new legal

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challenge pitting people in mug shots like this one, against the websites that post one. what if you get arrested for doing something stupid or not that stupid and cleared of all charges, should you have the public humiliation for all of eterni eternity? a lawsuit says no, kelly's court will decide. and next, wait for it. we like to keep you hanging every once in a while, what was the story behind the tone and tenor of yesterday's presidential news conference? the president is taking incoming heat on this. our panel weighs in next. . >> what, what would i-- >> chuck what i'm saying to you is that there's no simpler solution, joanna, look, it's pretty straight forward. either congress pays its bills or it doesn't. people are always asking me how we make these geico adverts.

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>> new questions about the president's news conference yesterday and his tone and tenor while addressing the washington press corps. the president described as aggressive, frustrated and strikingly partisan. here is a little sampling of the reaction. >> if you heard it and you didn't know when it was, you might think that the election campaign was still in full swing. i mean, it was unusually partisan. >> if i would sum it up in two words, frustration and-- >> the tone of this address was quite remarkable. he talked about republicans being suspicious of social

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security and medicare, about the office saw that you could hear from-- and then he added, and suspicious of government's role in making sure that impoverished children get food. now, that's a little bit over the top. that's essential i a libel. >> megyn: joining me now, pat goodell from former president carter and doug schoen, formerly with president clinton and kirsten powers. and we've been playing sound bites from the president during the broadcast and i think the viewers have a sense how the tone was and we played it in full yesterday the, but the president did seem irritated with some of the questions, when major garrett now with cbs, not raising the

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debt ceiling, and now he thinks it's out of line for the republicans to do the same and he didn't seem happy with the questions or what's happening now politically. your take on what we saw, pat? >> my take was, of course he's unhappy. the president right now is in a mode he's king and he's out to destroy the republicans and they're every way we can. he can say what he wants. i thought garrett was, the questions that major garrett asked were right on target, about the history of this. he acted like it was read from the teleprompter and the question-- he said we were close to being able to destabilize our debt and deficit. this is insanity. he's making the case we stopped corporate loopholes his white house after biden demand this had he put the loopholes in the fiscal deal. and the president is disingenuous beyond wlbelief.

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of course he's irritated he's walking a tightrope on this, a thin edge. >> megyn: doked for president clinton who i just mentioned with michael reagan, this national journal article today that talks about among others, bill clinton, his ability to reach across the aisle and make deals with people he didn't necessarily love politically. but the suspicion of government feeding hungry children, we have it teed up, and helped in this president's ability to do this and i'll get your reaction, this is on suspicion, take a listen. >> they have suspicions about social security. they have suspicions about whether government should make sure that kids in poverty are getting enough to eat or whether we should be spending money on medical research, so they've got a particular view of what government should do and should be.

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>> megyn: go ahead, doug. >> yeah, i couldn't imagine a tone and an approach, megyn, more different than the one that president clinton took. we have clear issues, as pat was alluding to, with the debt and the deficit. they're not solved and the debt ceiling, while it's an important hurdle and i don't want to default and i think the president is substantively is right, we can't be a totally polarized nation and nor can we pit one against the other and is sub zero see site. president clinton got a deal with newt gingrich, a different philosophy, he reached out across the aisle. we have to deal with entitlements, it's not a question of not wanting to take care of old people or poor people or feeding poor children, i think everybody believes we should. it's how and what extent and in what way can we afford it. bottom line, i thought the president's tone was unfortunate. he did it in the press

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conference right after the election, and i think that ultimately, it does the american people a disservice. >> kirsten, you read some the left wing pundits and they've had it with president obama in their view bending in these discussions with the left. they think, you know, he extended the bush tax cuts a couple of years ago, this time he said he wasn't going to extend them for anybody over 250 and wound up extending then up to 400 and 450 and see him talking tough on the debt, on this debt ceiling now, but think he's likely to cave on that and they like the tough talk, they think it's the republicans who are the ones who are obstinate and see it i guess, as a tit for tat. but there's a real juvenile element for this. and look, there are plenty of differences and criticisms to be made about the republican party, but to set up this paradigm where they like to starve children or are actually suspicious of social security, which really isn't

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true, you know, that there are different policy differences how to approach social security spending, but why does the president need to set it up and so demonize republicans when i think there's plenty of valid criticisms he can take without doing that and he's doing that precisely because the left in the way way the right likes it when republicans do it, they like this kind of petulant nasty tone because they view that as strength when of course it's opposite of strength. strength would be coming out of-- >> that's the thing, there's a question we touched on with michael, should the president be above that? should he be above that. and the question on breaking news an hour ago, is it beyond the pale, we understand, linking himself with some of the nation's children when he's pushing a policy agenda on something as controversial as gun control as we just learned an hour ago he's going to do tomorrow, flanking himself with children.

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>> this is just a continuation of being juvenile to some extent and playing the cards that he has and kirsten was right and so was doug. and 70% of the gallup poll, think that washington, that includes president obama are doing serious harm to the country. and that's both parties. this president, i haven't seen anyone since richard nixon being isolated, surrounded by cronies, and making up things. >> it's not ronald reagan, it's not jimmy carter, it's not even george bush. the children thing, i think, is right offer the top so he can propose things, executive actions and say i don't need the congress. i mean, he's really, he's pushing the envelope here, but as long as the press doesn't chann challenge him and as long as democrats give tax breaks to corporations, it won't be the

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republicans, they can't get out themselves out of a wet paper bag. >> megyn: doug? >> i differ slightly. i think if the president uses the platform for the by part shanship that we all believe-- >> that's not the what we're talking about, doug. >> we have a crisis with guns. it's one this thing to-- it's one thing to promote children in the bag for-- >> the agenda for guns. >> it's about guns and killing children, not about a political-- >> if you think that's the solution, that's not what the american people believe is the only answers. >> 90% of the american people want background checks and assault weapons rejected. >> megyn: i've got to get to kirsten, she's going to mediate this and tell us. >> i don't want to get in the middle of this. >> megyn: i know, that's where i put you there. >> yeah, no, i mean, look, it's kind of -- it's a little dicey, but i think i'm with doug on this. i think it's an important issue, these are kids that

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wrote in about the issues, something of concern to them and i don't think that the president is going to do things through executive order, at least that's my understanding of things. i think he's going to try to do something that's more acceptable to most people, like doing a universal background check, which is pretty noncontroversial, i think. >> megyn: yeah, we'll see, we'll see. >> and kirsten, he's not proposing a bipartisan solution. it's about mental health. >> we don't know, we haven't heard any about that. we don't know, we have to wait and see. >> none of which is on the agenda-- >> borrowed worry. we'll find out in 22 hours and tell us what it is and we'll have you all back and debate. thank you all. >> thank you, megyn. >> megyn: before we turn away from politics, fox news confirming moments ago, donald trump has taken the unusual move of stepping into the israel politics and endorsing the israeli prime minister benjamin netanyahu. apparently asked to endorse

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him by an israeli agency. and trump released an endorsement video. take a look. >> my name is donald trump and i'm a big fan of israel. and frankly, a strong prime minister is a strong israel. and you truly have a great prime minister in benjamin netanyahu, there's nobody like him. he's a winner. he's highly respected. he's highly thought of by all. and people really do have great, great respect for what's happened in israel. so, vote for benjamin, terrific guy, terrific leader, great for israel. >> megyn: i love trump because he divides everybody into winners and losers. remember when he had the feud with rosie, rosie is a loser, been a loser for a long time. as if you could quantify it. not loser, loser. anyway, he says netanyahu is a winner and he'd like to see him continue winning and israel's election takes place

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january 22nd and prime minister netanyahu is expected to be reelected. next, a legal challenge to what some consider mug shot madness, and imagine if you behaved moronically and get arrested for something like failure to disperse and the charges get dropped, but the mug shot lives on in infamy? some folks are suing, saying that's not cool. kelly's court takes up the issue next.

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>> kelly's court is back in session. concerns that if you gets in trouble your mug shot could cost you, even if the the charges are dismissed. a 34-year-old phillip kaplin. oh, phil. arrested at a party and his charges were later dropped, but he thought they were so absurd, he decided to make an absurd face upon the mug shot. do they allow this? i thought they make you be serious-- every time i've been arrested. just kidding! and now, phil

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and a woman you see here, she took it seriously, but just as unhappy, are suing several websites that published their mug shots and refused to take them down unless the individuals paid some fees. and kaplin claims the photos cost him jobs and serious money and now he wants thousands of dollars from the websites who published them. and joining me to discuss it jonna spilbor, and david wolfe, also a defense attorney. so, i mean, they got arrested, i understand that the charges related dropped, but they got arrested and unfortunately with the arrest comes a mug shot. what obligations do the websites have to take down the mug shots upon demand, david? >> well, megyn, it's shameless exploittation and profit eering, imagine if the journal news, the newspaper that published the gun owners names and address, if they said

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we'll take it off if you pay us a hundred bucks, imagine the outrage. i can't tell you how many clients i've had arrested and then had charges not even filed, never had a criminal case against them or the charges are dismissed shortly thereafter. these people have an excellent lawsuit for misappropriation of publication, and with their ability to get employment. >> megyn: i don't know about the analogy. the gun owners outed by the journal news sat in their houses and did nothing wrong. >> public record. >> megyn: at least there was a probable cause they believe they committed a crime and not in the same category. that's what leads the people to have a mug shot. there's he a reason i didn't have a mug shot no one had probable cause to believe i had committed a crime. >> this is the law, where arrested in a cow suit

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collide. it's a murky area. >> megyn: and look it, this is the full version of the guy. >> that's nice. >> and we just had the top half. >> megyn: that's some shot. >> but until a certain point, these mug shot websites really have a legal right to be public information portals, the problem arrives as you said, and david knows this, i have plenty of clients. you get arrested name is plastered in the paper and a couple of months later, you're cleared of charges, nobody goes back on the website or the paper to tell everybody. there's a time that information is public, even though it's a bottom feeder business model, it's legal. the thing is, david. both of these individuals could have had those mug shots removed, from all of the websites in question. all of them. if they had paid the fee. they're upset that somebody wanted them to pay and in some instances could have been a few hundred dollars, but that the price of living in a

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society in which arrests and mug shots are public records? >> no, megyn, i work in the news and i law that law enforcement releases for information to the media-- releases the mug shot, i'm sorry, to the media for public information, it's news worthy, what the websites do, megyn, i looked at one this morning, busted mug shots.com. they showed the picture and in the corner of the picture in big bold, orange letters, it says busted. what they're doing is profiteering making a profit off of your image if you're arrested. >> megyn: is that illegal. >> the first amendment and-- it is illegal, you can't-- >> is it illegal. >> no different, megyn, if i took the image of miss megyn kelly and put it on the corner of our law firm's website as if you endorsed us, and we'd he get a ton of business. >> and that's why i have her picture. >> megyn: and that's what they're arguing, right of publicity to their name and likeness that the people are violating by asking for money. >> no, if the websites were putting the pictures on t-shirts and selling them. then the people from the mug

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shots would have an issue. it's public information. what they are he' doing, buying the rights to not have the websites use it, i think it's legal. >> megyn: we'll be right back. >> the president and i are determined to take action.

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>> more than 100,000 u.s. veterans are getting big help getting back to work. as the world's largest retailer teams up with the white house to provide jobs at wal-marts to our former men and women -- to our men and women who were formerly in uniform. we should say. hey, liz. >> reporter: good to be with you. wal-mart president, out with the announcement this morning that the country's biggest employer and the country's biggest retailer may soon become the

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biggest employer of military veterans. >> we know that hiring a vet could be one of the best decisions any of us could make. vets have a record of performance under pressure, quick learners and team players. >> reporter: the white house is reacting as well to the decision to possibly hire up to 400,000 workers in five years. here's first lady michelle obama on the news. saying, quote, no one who serves our country should have to fight for a job once they return home. wal-mart is setting a groundbreaking example for the private sector to follow. what is interesting is that the president of wal-mart is a navy veteran. he is saying when he came out of the navy, he got a job making $2 an hour as a dish washer in a restaurant. he is saying he wants to do better, in terms of hiring veterans. it is interesting news out of wal-mart this morning. also, he is saying that he wants to spend $50 billion in wal-mart

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revenues to make u.s.-made products. >> liz, thanks. an ice storm brewing in the midwest and the deep south. what you need to know, coming up. i gave birth to my daughter on may 18th,

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